Manufactured Housing Dispute Resolution Program

Transcription

1 Manufactured Housing Dispute Resolution Program 2018 Annual Report to the Washington State Legislature Washington State Office of Attorney General Bob Ferguson

2 Washington State Attorney General - Bob Ferguson Table of Contents EXECUTIVE SUMMARY 1 MANUFACTURED HOUSING DISPUTE RESOLUTION PROGRAM OVERVIEW 2 PROGRAM STATISTICS 3 OUTREACH 6 COMMUNITY REGISTRATION 6 RECOMMENDATIONS TO THE LEGISLATURE 7 STAFFING 7

3 Executive Summary HISTORY 2018 Annual Report Manufactured Housing Dispute Resolution Program In 2007, the Legislature enacted RCW RCW, which directs the Attorney General s Office (AGO) to administer a manufactured/mobile home dispute resolution program to provide landlords and tenants with a cost-effective and efficient process to resolve dispute regarding alleged violations of the Manufactured/Mobile Home Landlord-Tenant Act, RCW The AGO is further authorized to resolve disputes informally and, where necessary, order corrective action and impose fines and penalties to bring compliance with RCW The Attorney General s Office created the Manufactured Housing Dispute Resolution Program (Program) to implement this law. MISSION STATEMENT The Program s mission is to resolve landlord and tenant complaints by requiring compliance with RCW 59.20, educate stakeholders about their rights and responsibilities, and foster good relationships between manufactured/mobile home community land owners and homeowners. The Program facilitates communication among the parties in an effort to resolve disputes and avoid evictions. LEGISLATIVE INTENT This chapter is created for the purpose of protecting the public, fostering fair and honest competition, and regulating the factors unique to the relationship between the manufactured/mobile home tenant and the manufactured/mobile home community landlord. RCW The Legislature authorized the Attorney General to: (i) Produce and distribute educational materials regarding the Manufactured/Mobile Home Landlord-Tenant Act and the dispute resolution program the AGO administers pursuant to RCW ; (ii) Administer the dispute resolution program by taking complaints, conducting investigations, making determinations, issuing fines and other penalties, and participating in administrative dispute resolutions, when necessary, when there are alleged violations of the manufactured/mobile home landlord-tenant act; and (iii) Collect and annually report upon data related to disputes and violations, and make recommendations on modifying RCW 59.20, to the appropriate committees of the legislature. 1

4 2018 Annual Report - Manufactured Housing Dispute Resolution Program MANUFACTURED HOUSING DISPUTE RESOLUTION PROGRAM OVERVIEW DISPUTE RESOLUTION COMPLAINT PROCESS Both homeowners and landlords may file a complaint with the Program if they believe there is a violation of RCW Once the Program receives a complaint, it reviews the complaint for allegations of potential violations of RCW If a complaint raises an issue that is not a potential violation of RCW 59.20, the Program will provide resource and referral information, including referrals to other agencies, dispute resolution centers, and/or refer the party to a private attorney. If the complaint raises a potential violation of RCW 59.20, the Program will investigate and, if appropriate, facilitate negotiations between the parties. The Program is authorized to issue subpoenas to gather information regarding a violation of RCW In addition to facilitating resolution of the complaint, the Program also informs the parties about the law. INVESTIGATION AND ENFORCEMENT Complainants and respondents must cooperate with the Program in the course of an investigation by responding to subpoenas the Program may issue, which may request documents or other facts, or access to the park, if relevant to the investigation. Failure to cooperate with the Program in the course of an investigation is a violation of RCW When the Program initiates an investigation, the parties are not foreclosed from negotiating a resolution independent from the Program. Following an investigation, if the Program determines that an agreement cannot be negotiated between the parties, the Program issue a Notice of Violation or a Notice of Non-violation. The Program may also issue an order requiring the respondent, or its assignee or agent, to cease and desist from an unlawful practice and take affirmative actions that will carry out the purposes of RCW If the Program determines that a violation of RCW has occurred, it will issue a written Notice of Violation to the party who committed the violation. The Notice of Violation will specify the corrective action required, the time within which the corrective action must be taken, any fines or penalties that will be imposed if corrective action is not taken within the specified time period, and the process for contesting the determination in the Notice of Violation through an administrative hearing. The Program will provide the complainant with a copy of the notice of violation. AUTHORITY TO IMPOSE FINES The Program has had great success in achieving complaint resolution and compliance with RCW without issuing Notices of Violation or imposing fines. At this juncture, the Program does not foresee fines as a significant source of revenue for the Program because our efforts to arrive at negotiated settlements have achieved compliance without imposing fines. 2 Fines Issued in 2018 Tenants Landlords # of fines issued 0 0

5 PROGRAM STATISTICS The Program reports the following for the reporting period of January 1, 2018 through December 4, The number of complaints received and the number closed Tenants Landlords Complaints received from Complaints closed Communications with constituents. The Program received approximately 1,031 telephone calls during this reporting period. Program staff provided the callers with information about RCW and 59.30, the Program, and the dispute resolution process. If a caller indicated the desire to file a complaint, Program staff sent the caller a complaint form or directed him or her to the AGO website to file a complaint online. In addition, Program staff assisted callers with problem solving and self-help strategies surrounding issues that were outside the parameters of RCW and The Program mailed copies of RCW 59.29, RCW 59.30, complaint forms and informational brochures to approximately 153 constituents who requested the information. 3. Nature of Complaints Received (top 10). Issue1 # of Complaints Utilities 129 Rental agreements 101 General maintenance 95 Rent raise 67 Other/Miscellaneous 56 Rules & enforcement 54 Unlawful eviction 26 Prevention of meetings 24 Screening/ denial of sale or tenancy 23 Road Maintenance Complaints often allege multiple issues including some that are outside the scope of RCW The Program tracks all of the issues alleged in a complaint, but usually focuses on the primary issue for purposes of dispute resolution. 3

6 2018 Annual Report - Manufactured Housing Dispute Resolution Program 4. Complaint Resolutions Complaint Resolutions # of Complaints Issues resolved in compliance with RCW through dispute resolution 105 Issues outside the scope of RCW Closed Pending enforcement action 39 Closed enforcement action 9 30%: Issues resolved in compliance with RCW through dispute resolution Complaint Resolutions 57%: Issues outside the scope of RCW %: Closed to enforcement action 12%: Closed pending enforcement action Enforcement Actions Tenants Landlords Notice of Violation 0 3 Notice of Non-violation 0 2 Voluntary Compliance 0 3 Administrative Closure 0 1 Order to Cease and Desist or Affirmative Action %: Notice of Violation Enforcement Actions 22%: Notice of Non-violation 33%: Voluntary Compliance 11%: Administrative Closure 0%: Order to Cease and Desist or Affirmative Action 4

7 5. Administrative Appeals Appeals to the Office of Administrative Hearings Tenants Landlords Appeals of Violations to Office of Administrative Hearings 0 2 Appeals of Non-Violations to Office of Administrative Hearings Court of Appeal Decision: Edna Allen & Washington State Attorney General s Office v. Dan and Bill s RV Park, Wn. App., 428 P.3d 376 (2018) The Court of Appeals affirmed the Program s (2014) determination that Dan and Bill s RV Park was subject to the Manufactured/Mobile Home Landlord Tenant Act, RCW 59.20, because the RV park contained two or more park models and as such, is a mobile home park. Although the RCW s definition of recreational vehicle conflicts with the definition of park model, the Court harmonized the definitions to give effect to the legislature s intent. The Court defined park model as (1) a recreational vehicle fixed or intended to be fixed in position for use or lasting for an indefinite time in position for use and (2) is used as a primary residence. The Court concluded that Dan and Bill s is subject to RCW

8 2018 Annual Report - Manufactured Housing Dispute Resolution Program OUTREACH OUTREACH TO REFERRAL AGENCIES AND ORGANIZATIONS The Program is requested to attend and present at outreach events from a network of landlord and tenant organizations, and legal service providers from around the state. The Program presented at several events organized by tenants and landlords and provided information about the Program and RCW The program hosted events regarding program services in both Spanish and English throughout the state in The Program strives to provide quality educational outreach events for the benefit of landlords, tenants, and other stakeholders. The Program will continue with its outreach activities. The Program also will continue to reach out to municipal and county agencies in order to promote awareness about the Program and encourage referrals. MANUFACTURED/MOBILE HOME COMMUNITY REGISTRATION The Department of Revenue administers the annual registrations of all manufactured/mobile home communities. This includes maintaining a database of all the communities, collecting annual fees, and enforcing penalties for delinquent registration, as required by RCW The Department of Revenue has identified approximately 1,232 registered manufactured/mobile home communities and 58,940 rented mobile home lots throughout the Washington state. The Program will inform the Department of Revenue when it discovers a community that is not registered. The Program produces and distributes to landlords, respondents and tenants, educational materials concerning RCW and the manufactured/mobile home dispute resolution program as required by RCW (3)(a), (b) and (c), including the Tenants Rights and Responsibilities poster that must be posted by all landlords pursuant to RCW (2)(b)(i). All materials are available in English and Spanish. 6

9 RECOMMENDATIONS TO LEGISLATURE The Program does not have recommendations for legislation during the 2018 Legislative Session but may consider legislative changes in the future should the need arise. PROGRAM STAFF Bradley Furer, Program Services Supervisor Ian Anderson, Program Compliance Specialist Julian Gannt, Program Dispute Resolution Specialist Bau Vang,AGO Investigator designated to Program investigations Shidon Aflatooni, Assistant Attorney General Cynthia Lockridge, Program Director To contact the Manufactured Housing Dispute Resolution Program: Statewide toll-free: King County: Mail: Manufactured Housing Dispute Resolution Program Attorney General s Office 800 5th Avenue, Suite 2000 Seattle, WA

10 OFFICE OF ATTORNEY GENERAL Bob Ferguson 800 Fifth Ave, Suite 2000 Seattle, WA